Asbestos sufferer secures over three times more compensation thanks to specialist legal advice

John Ross was 78-years-old when he was diagnosed with asbestos-related pleural plaques, asbestosis and asbestos-related lung cancer.

When he started experiencing breathlessness in early 2020 his GP referred him to the Golden Jubilee Hospital for x-rays and a CT scan which confirmed the diagnoses.

John’s doctor recommended he get in touch with Clydebank Asbestos Group for support and the charity later referred him to Digby Brown to pursue a civil action against his employers.

Exposure to asbestos: employers knew the risks

In the 1960s the family man worked as a plumber’s labourer at Fairfield Shipyard in Govan.

He recalls the laggers (workers involved in the installation of and or removal of asbestos lagging) would work around him for several hours at a time each day.

He said: “There were constantly laggers around us when I worked at Fairfield. Sometimes they’d be working above us and would throw asbestos at each other as a joke.

“I remember it would fall down like snow and I would often finish the day covered in dust.

“In those days it was just part of the job - you got on with it without thinking anything about it.”

John went on to work as a coppersmith’s labourer at John Brown’s Shipyard in Clydebank where he would install pipework within the engine rooms of ships such as the Queen Elizabeth II.

The engine rooms were poorly ventilated with no effective extraction systems in place and John was exposed to substantial quantities of asbestos dust and fibres on a regular basis.

By the time of John’s employment in the 1960s, it was well known within the shipbuilding industry that inhalation of asbestos dust and fibres carried a risk of injury or respiratory disease.

Yet despite this, neither employer provided protective clothing or masks and no warnings were given to employees about the harmful effect of asbestos insulation.

Expert legal advice matters

Jordan McCarter, Associate in Digby Brown's Industrial Disease team, led the legal action for John.

He investigated the retired labourer’s work history, medical records and worked alongside leading experts to evaluate everything: his prognosis; his potential financial losses; and the possible impact that these losses could have on his future and the future of his family.

John was a smoker in his younger years but stopped over 30 years ago when his son was born. He thought that being an ex-smoker would cause problems with his claim, but, following consultation with appropriate experts, Jordan reassured him that his disease was caused by asbestos, and he would gather the right evidence to prove this.

The 81-year-old said: “I honestly thought I’d get a call to say they wouldn’t be able to go ahead with my claim because I was a smoker.

“I’d say to anyone thinking of making a claim – don’t let that hold you back. Get in touch and if you’re unsure, just ask.”

John underwent surgical treatment for his lung cancer which was successful and he is now cancer-free and getting yearly check-ups. However a crucial element of his compensation claim was ensuring it was settled on a provisional basis.

This means that should his cancer come back or if he develops another asbestos-related condition such as mesothelioma – a terminal lung cancer caused by inhaling deadly asbestos fibres - his family are protected in the future and have further rights to compensation.

John said: “The process was really straightforward – it was excellent.

“Jordan was brilliant and went through everything thoroughly. He kept in touch with us whenever anything happened.”

After months of investigations, an initial offer of £8,000 was made by insurers – however this offer only took into account John’s pleural plaques diagnosis, not his asbestosis or the potential for recurrence of his lung cancer or development of a second new lung cancer. 

With this knowledge, John decided to reject the offer: “We held back and rejected the first offer. 

“Jordan explained everything perfectly clearly and when the next offer came in I was happy to accept.”

John’s case settled on a provisional basis for £30,000 – more than three times the initial offer.

His wife, Isobel, added: “Jordan’s assistance and professionalism was second to none.

“He provided both support and information every step of the way.

“I’d absolutely recommend Digby Brown.”

Here to guide you through the process

Our Industrial Disease team has the expertise, resources and trusted reputation to make sure you and your family secure the recognition, justice and damages you deserve.

If you think you have developed an asbestos-related condition as a result of exposure to asbestos at work, we would encourage you to contact our specialist solicitors as quickly as possible.